Jsw Energy Limited vs Prahar Sangathan Thru Its Founder ...
2026 Latest Caselaw 5419 Bom

Bombay High Court

Jsw Energy Limited vs Prahar Sangathan Thru Its Founder ... on 22 May, 2026

2026:BHC-OS:12480

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           RUPALI
 RUPALI    RAJESH
 RAJESH    WAKODIKAR
 WAKODIKAR Date:
           2026.05.22
           20:48:16        IN THE HIGH COURT OF JUDICATURE AT BOMBAY
           +0530

                                  ORDINARY ORIGINAL CIVIL JURISDICTION
                        INTERIM APPLICATION (LODGING) NO. 16761 OF 2026
                                                            IN
                                        SUIT (LODGING) NO. 16760 OF 2026


                   JSW Energy Limited & Anr.                                     ...Applicants
                        Versus
                   Prahar Sangathan Thru. Its Founder
                   Chairman Om Prakash Alias Bacchu Kadu & Ors.                  ...Defendants


                   Mr. Ravi Kadam, Senior Advocate (Through VC) a/w Mr. Rohaan
                   Cama, Mr. Vineet Unnikrishnan, Mr. Sonu Bhasi & Ms. Veena Hari i/b
                   Cyril Amarchand Mangaldas for the Applicant.

                   None for the Defendants.


                                                   CORAM : SANDESH D. PATIL, J.
                                                   DATE : 22nd MAY, 2026
                                                         (VACATION COURT)

                  P.C. :


                   1.             The applicant has moved the present interim application

                   before the Vacation Bench of this Court as the applicants are pressing

                   for some ad-interim relief.



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            2.             Mr. Kadam, learned Senior Counsel for the applicants has

            tendered affidavit of service. The same is taken on record.



            3.             The applicant No.1 is a leading Indian Power Company.

            The applicant No.2 claims to be a major Indian Company engaged in

            operating a deepwater sea-port. The applicants have contended that

            the defendant No.2 is not a Trade Union affiliated to the applicants

            further according to the applicants, it is not even a registered Trade

            Union under the Trade Union Act, 1926 and yet claims to have

            enrolled 300 workers of the Applicants as its members / right holders

            and has threatened the company to go on a strike. It is the contention

            of the applicants that the notice dated 28 th April, 2026 was addressed

            by the defendant No.1 threatening that they would go on indefinite

            sit-in protest for purported pending demands of the workers of

            applicant Nos.1 and 2. The notice indicates that there would be an

            indefinite sit-in / Protest / Dharna / Agitation initiated by the

            defendant No.1 at the JSW Head Office with effect from 20 days from

            the date of notice i.e. from 18th May, 2026 onwards. The notice was


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            widely circulated on WhatsApp and other means. The applicants have

            tendered an additional affidavit on behalf of the applicant No.2 today

            in the Court wherein, the applicants have also relied upon certain

            hoardings / banners put on indicating that there would be an indefinite

            sit-in/Protest/Dharna/Agitation.



            4.             Mr. Kadam, learned Senior Counsel for the applicants

            submits that in case the strike is held as per the threats advanced in the

            notice, it would lead to grave chaos as well as great inconvenience, not

            only to the applicants, but also to multiple public listed entities whose

            office is at the address of the applicant Nos.1 and 2. He submits that

            the surrounding area is further known to have several prominent

            institutions such as Hospitals, Passport Office etc. He expressed his

            apprehension that a unrestrained indefinite protest at/or the Head

            Office is likely to cause widespread disruption of significant

            magnitude business, regulatory bodies and public at large. Mr. Kadam

            also at the same time states that he has no objection to the defendants

            carrying on a peaceful Dharna, but at a distance from the Head Office


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            of the company and in such place where the public at large would not

            be inconvenience.



            5.             Although the defendants are served as per the affidavit

            filed by the learned Senior Counsel for the applicants, none appears

            for them today.             I have perused the plaint, additional affidavit,

            affidavit of service, notice of strike and the photographs of the

            banners.        This Court is conscious of the fact that under Article 19,

            the workers have got right to protest in a peaceful manner.



            6.             Considering the averments made in the plaint and the

            additional affidavit, it appears that there is a likelihood of

            sit-in/Protest/Agitation/Dharna to be held by the defendant No.1 on

            25th May, 2026 at the place indicated in the notice as well as the

            banners put. I have also perused the averments made in paragraph

            Nos.42, 43 and 45 of the Interim Application. After perusing the said

            averments, this Court is of the view that a prima facie case has been

            made by the applicants for grant of exparte ad-interim relief. Hence,



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            the following order:

                                                  ORDER

There shall be exparte ad-interim relief in terms of

prayer clause (a) and (b) of the Interim Application, which

reads as under :

"a) That pending the hearing and final disposal of the suit, this Hon'ble Court be pleased to restrain Defendant No. 1, its office bearers, members and agents by a temporary order and injunction from in any manner:

i) holding any meeting including gate meetings, gathering in numbers, picketing, shouting slogans, staging any demonstration, dharna, gherao, squatting, acts of sabotage, riotous behavior at or in front of the offices/premises/ establishments of the Applicants (including the Applicants' Head Office being JSW Centre Bandra Kurla Complex, Bandra (East), Mumbai City, Mumbai, Maharashtra, India, 400051) or within a radius of 500 meters of the gates of such offices/premises/establishments of the Applicants;

ii) obstructing any directors, officers, workmen, employees, managerial or administration personnel, customers or any person dealing with the Applicants from entering or leaving the offices/premises/establishments of the Applicants (including the Applicants' Head Office being JSW Centre Bandra Kurla Complex, Bandra (East), Mumbai City, Mumbai, Maharashtra, India, 400051) or in any other

1-IA(L)-16761-2026.doc

manner obstructing their normal discharge of duties;

iii) obstructing in any manner the free movement of any vehicle traveling or entry into or exit from the offices/premises/ establishments of the Applicants (including the Applicants' Head Office being JSW Centre Bandra Kurla Complex, Bandra (East), Mumbai City, Mumbai, Maharashtra, India, 400051);

iv) from entering upon any of the offices/premises/establishments of the Applicants (including the Applicants' Head Office being JSW Centre Bandra Kurla Complex, Bandra (East), Mumbai City, Mumbai, Maharashtra, India, 400051);

v) from gheraoing or causing any obstruction or hindrance, blocking the ingress and egress of any manner to the directors, officers, visitors, customers or employees of the Applicants (including the Applicants' Head Office being JSW Centre Bandra Kurla Complex, Bandra (East), Mumbai City, Mumbai, Maharashtra, India, 400051);

vi) displaying, pasting or sticking any banners, posters, pamphlets, placards in or around or in the vinicity of the offices/premises/ establishments of the Applicants (including the Applicants' Head Office being JSW Centre Bandra Kurla Complex, Bandra (East), Mumbai City, Mumbai, Maharashtra, India, 400051);

vii) aiding, abetting, instigating, participating and/or actively supporting any demonstration, obstruction, slogans

1-IA(L)-16761-2026.doc

shouting, squatting at, in front of or around the offices / premises / establishments of the Applicants (including the Applicants' Head Office being JSW Centre Bandra Kurla Complex, Bandra (East), Mumbai City, Mumbai, Maharashtra, India, 400051);

viii) intimidating and/or in any manner interfering with the ingress and egress of the officers, workmen, employees, management staff, visitors, guests, clients, customers and agents of the Applicants to the offices / premises / establishments of the Applicants (including the Applicants' Head Office being JSW Centre Bandra Kurla Complex, Bandra (East), Mumbai City, Mumbai, Maharashtra, India, 400051);

(b) Pending the hearing and final disposal of the Suit, order and direct Defendant No. 2 to ensure that upon the grant of the temporary injunction as sought in prayer clause

(e) above, the same is enforced, implemented and fully complied with, including by deploying its personnel at the Applicants' Head Office being JSW Centre Bandra Kurla Complex, Bandra (East), Mumbai City, Mumbai, Maharashtra, India, 400051."

7. Issue notice to the defendants returnable on 9 th June, 2026.

8. Stand over to 9th June, 2026.

SANDESH D. PATIL, J.